Use Your Inherent Powers to Order Acquittal from the Abuse of Power Charges - Muhyiddin Applies to Court of Appeals

2 Apr 2024 • 8:30 PM MYT
Kamran
Kamran

A freelance content creator

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Malay Mail

Former Malaysian Prime Minister Tan Sri Muhyiddin Yassin is seeking to have the Court of Appeal review its decision to set aside his acquittal on four abuse of power charges. Muhyiddin is asking the appellate court to overturn its ruling from last month and restore the High Court's decision to acquit him.

The Court of Appeal had previously overturned the High Court's acquittal and ordered Muhyiddin's case to be sent back to the Sessions Court for trial. Muhyiddin has now filed an application asking the Court of Appeal to review and set aside this decision.

In his application, Muhyiddin requested leave under Rule 105 of the Rules of the Court of Appeal 1994 to apply for a review. He argued that the previous panel of judges had acted beyond their jurisdiction in setting aside the High Court's decision.

Muhyiddin's charges date back to March 2020 to August 2021 when he allegedly used his position as Prime Minister and President of Parti Pribumi Bersatu Malaysia to obtain bribes totaling RM232.5 million from three companies and one individual. He pleaded not guilty to these charges and claimed trial.

In April 2021, Muhyiddin applied to the High Court to have the charges struck out and to be acquitted. The High Court granted his application on August 15, 2021, ruling that the charges did not disclose any offense known to law and lacked material particulars.

However, the Court of Appeal disagreed with this decision, stating that the charges were clear and unambiguous. The appellate court's decision to send Muhyiddin's case back for trial is what he is now seeking to have reviewed.

Muhyiddin's legal team has argued that the Court of Appeal erred in law and that the charges against him should be dropped. Muhyiddin has also filed an appeal at the Federal Court against the Court of Appeal's decision.

The outcome of this review application will be crucial for Muhyiddin, as it will determine whether he will face trial on the abuse of power charges or be acquitted.


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